TC Ord. No. 1982-226 0
TOWN OF AVON
ORDINANCE NO. f82-22
Series of 1982
AN ORDINANCE CONCERNED WITH DEFINING NUISANCE
RELATED TO THE ACCUMULATION OF SNOW, AND MODIFYING
THE GENERAL PROVISIONS REGARDING THE RECOVERY OF
COSTS INCURRED IN ABATEMENT ACTIONS AND PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
WHEREAS, the Town of Avon has encountered numerous
problems as a result of the uncontrolled accumulation of
snow within the Town; and
WHEREAS, the Town Council believes that the public
health, safety and welfare would best be served by defining
and prohibiting certain conditions related to the accumu-
lation of snow within the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, THAT:
Section 1.
Section 8.24.100 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 8.24.100 Ice and Snow Overhangs and
Accumulations.
A. No owner, occupant or manager of any
real property or improvement thereon shall allow
or permit ice or snow to project or overhang from
any roof, ledge or other part of the structure or
building owned, managed or occupied by him where
the projection or overhang constitutes a hazard or
reasonable probability that the ice or snow
projection of overhang (or water resulting there-
from) might fall, collapse or drop onto any
sidewalk, street, alley, public way, park or any
other publicly used way.
B. No owner, occupant or manager of any
real property or improvement thereon shall allow
or permit ice or snow to accumulate on the roof or
any other part of the structure or building owned,
occupied or managed by him where the accumulated
ice or snow constitutes a hazard or reasonable
probability of sliding off the building onto any
sidewalk, street, alley, public way, park or any
other publicly used way.
Section 2.
Section 8.24.110 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 8.24.110 Ice on Sidewalk, Public Passage-
way or Parking Area.
A. No owner, occupant, or manager of real
property or improvement shall allow or permit
dangerous ice or snow accumulations condition to
occur or continue on any sidewalks or any public
pedestrian passageways that are located on his
property.
B. No owner, occupant or manager of real
property shall allow or permit snow to accumulate
on any off-street parking or walkway areas that
are located on his property to the degree that
said areas become impassable.
Section 3.
Section 8.24.120 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 8.24.120 Creation of Nuisance Prohibited.
No person shall perform any act or
ing a nuisance under this Chapter,
person create, keep, maintain, or
to be created, kept, maintained or
nuisance set forth in this Chapter
Town.
Section 4.
acts constitut-
nor shall any
allow or cause
to exist any
within the
Section 8.24.130 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 3.24.130 Investigation - Abatement
Notice.
A. The Town Manager or any person specifi-
cally authorized by the Town Manager shall
investigate into every public nuisance within the
Town, and the Town Manager shall have the power to
deliver a request for abatement to any person or
persons in control of any public nuisance.
B. Any request for abatement delivered by
the Town Manager shall be in writing and shall
state the nature of the nuisance or nuisances
which are to be abated and shall specify a reason-
able time within which such nuisance or nuisances
are to be abated.
C. It is the duty of any person or persons
in control of any public nuisance within the Town
to abate the nuisance upon receiving a request for
abatement from the Town Manager within the time
specified in the request.
D. In the event a person fails or refuses
to abate any nuisance within twenty-four hours of
notification of the existence of such notice, or
in the event the Town is unable to deliver written
notice to any person responsible for the correc-
tion of such nuisance, the Town may proceed to
correct such nuisance, in which event the cost of
such correction, together with a fifteen percent
charge for administration, interest upon such
costs and administrative expenses at the rate of
eighteen percent per annum, and all costs of
collection shall be recoverable against any person
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0 a
determined to be responsible for the existence of
such nuisance.
Section 5.
Section 8.24.140 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 8.24.140 Abatement Procedure.
In addition to or in place of proceeding under
Section 8.24.160 against any person who is be-
lieved to have violated or to be violating any of
the provisions of this Chapter, the Town Manager
may direct the Town Attorney to bring an action in
the Municipal Court for the Town to abate and
restrain any nuisance set forth in this Chapter
within the Town; provided, that no action to abate
and restrain any such nuisance shall operate as a
bar to any subsequent proceedings under Section
8.24.160 for the violation of any of the pro-
visions of this Chapter where the violation
occurred prior to the action to abate or restrain
the nuisance, but no testimony given by the
defendant at any hearing in an action to abate or
restrain the nuisance shall be admissible against
him in any proceeding under this Chapter instituted
for any violation of the provisions of this
Chapter occurring subsequent to the hearing.
Section 6.
Section 8.24.150 of the Avon Municipal Code
shall be and hereby is amended to read as follows:
Section 8.24.150 Civil Remedy not Precluded.
No provision of
prohibiting any
action, seeking
respect to any
that person may
bring, seek, or
this Chapter shall be construed as
private person from bringing any
any remedy or taking any step with
nuisance set forth in this Chapter
be authorized or permitted to
take under state law.
Section 7. Violations - Penalty
A complaint may be filed in the Municipal
Court for the Town charging a violation of this Chapter.
Upon conviction thereof, the permittee, agent or representa-
tive therefor may be punished by fine of not more than
$500.00 or imprisonment of not more than ninety (90) days or
both such fine and imprisonment. Each day such violation is
committed or permitted to continue constitutes a separate
offense and shall be punishable as such under this Chapter.
Section 8. Severability
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be invalid, such decisions shall not affect the validity of
the remaining portions of this ordinance; and the Town
Council hereby declares that it would have passed this
ordinance, and each part, section, subsection, sentence,
clause or phrase hereof regardless of the fact that any one
or more parts, sections, subsections, sentences, or clauses
or phrases be declared invalid.
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INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 114th DAY OF December , 1982,
and a public hem g on this Ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon,
Colorado, on the 11th day of Januarv , 1983,
at 7:30 P. M. in the Municipal Building of the Town of Avon,
Colorado.
Allan R. ottingha , Mayor
ATTEST:
atricia J. D'dvle, Towns Cler
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED THIS 11th DAY OF Januarv , 1983.
Y
e~ 0 ~ ~0 W C
Allan R. Notting m, Mayor
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ATTEST!
i t
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN-OF A PUBLIC HEARING BEFORE-THE TOWN-COUNCIL
OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 11TH DAY OF
JANUARY,-1983 AT THE MUNICIPAL BUILDING,- 400 BENCHMARK ROAD,-AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE
NO.#82-22, SERIES OF 1982:
AN ORDINANCE CONCERNED WITH DEFINING NUISANCE RELATED TO THE
ACCUMULATION OF SNOW, AND,MODIFYING-THE GENERAL PROVISIONS REGARDING
THE RECOVERY OF COSTS INCURRED IN ABATEMENT ACTIONS AND PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this-hearing, the Council may consider final passage of the
Ordinance.
This notice given and passed by order of the Town Council of-the Town
of Avon, Colorado.
Dated this 15th day of. December, 1982.
POSTED AT THE -FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON THE 16th OF DECEMBER, 1982.
THE MAIN ENTRANCE:OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,'
THE PESTER GAS STATION; AND
THE MAIN LOBBY OF THE MUNICIPAL BUILDING